Simmons v. Legner et al
| Myron Simmons |
| The City of Bloomington, Bloomington Police Department, Edward Shumaker and Anna Legner |
| 1:2018cv01429 |
| November 29, 2018 |
| US District Court for the Central District of Illinois |
| Jonathan E Hawley |
| Michael M Mihm |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on January 14, 2021. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 14
TEXT ORDER: This case is set for a Rule 16 scheduling conference before Magistrate Judge Jonathan E. Hawley on Friday, 2/22/19 at 11:00 AMvia telephone (Court to set up the call). If Pro se plaintiff or Counsel are to be reached at a number different than what is listed on the docket sheet, they are directed to phone Judge Hawley's courtroom deputy at 309-671-7117 and confirm the phone number where they may be reached for the call. A discovery plan pursuant to Fed. R. Civ. P. 26(f)(3) shall be filed on or before 2/19/2019. The parties may, but are not required to, follow the format of the sample discovery plan set forth as Attachment A to the standing order attached to this text order. The Discovery Plan event may be found in the CM/ECF system within the other Documents category. All counsel/pro se parties must read and be familiar with the standing order attached to this text order prior to their Rule 26(f) planning meeting. Entered by Magistrate Judge Jonathan E. Hawley on 1/17/2019. (WG, ilcd)
|
| Filing 13 Defendants' ANSWER to #1 Complaint AND AFFIRMATIVE DEFENSES by Bloomington Police Department, Anna Legner, Edward Shumaker, The City of Bloomington.(Warner, Matthew) |
| Filing 12 NOTICE of Appearance of Attorney by Matthew Allen Warner on behalf of All Defendants (Warner, Matthew) |
| Filing 11 Designation of Lead Counsel by Peter R Jennetten on behalf of Bloomington Police Department, Anna Legner, Edward Shumaker, The City of Bloomington. (Jennetten, Peter) |
| Filing 10 DEMAND for Trial by Jury by Bloomington Police Department, Anna Legner, Edward Shumaker, The City of Bloomington. (Jennetten, Peter) |
| Filing 9 NOTICE of Appearance of Attorney by Peter R Jennetten on behalf of Bloomington Police Department, Anna Legner, Edward Shumaker, The City of Bloomington (Jennetten, Peter) |
| Filing 8 Remark: Proposed Summons received from Plaintiff Myron Simmons. (JRK, ilcd) |
| Pursuant to Waivers Returned Executed, #5 , #6 , #7 , Set/Reset Deadlines: Bloomington Police Department answer due 2/5/2019; Anna Legner answer due 2/5/2019; Edward Shumaker answer due 2/5/2019. (JRK, ilcd) |
| Filing 7 WAIVER of Service of Summons by Edward Shumaker. (Warner, Matthew) |
| Filing 6 WAIVER of Service of Summons by Anna Legner. (Warner, Matthew) |
| Filing 5 WAIVER of Service of Summons by Bloomington Police Department. (Warner, Matthew) |
|
TEXT ORDER denying #4 the Plaintiff's "Amended Complaint Motion for Leave of Court to Amend and Supplement Complaint; and for Jointer of Additonal Defendant" #4 . The Court does not allow piecemeal amendments. Therefore, if the Plaintiff would like to file an amended complaint, it must stand complete on its own without reference to a previous pleading. The amended complaint must contain all claims against all defendants. This prevents confusion over intended claims and defendants. The Plaintiff's Motion is therefore DENIED with leave to renew. Entered by Magistrate Judge Jonathan E. Hawley on 1/2/2019. (KZ, ilcd)
|
| Filing 4 PLAINTIFF AMENDED COMPLAINT MOTION for LEAVE OF COURT TO AMEND AND SUPPLEMENT COMPLAINT; AND FOR JOINTER OF ADDITIONAL DEFENDANT by Plaintiff Myron Simmons. Responses due by 12/27/2018 (JRK, ilcd) |
| Filing 3 REQUESTS FOR WAIVER OF SERVICE and Notice of Lawsuit sent to Defendants Anna Legner, Edward Shumaker, City of Bloomington, and the Bloomington Police Department. on 12/7/2018. (Attachments: #1 Dft Legner Waiver Issued, #2 Dft Bloomington Police Dept Notice of Lawsuit, #3 Dft Bloomington Police Dept Waiver Issued, #4 Dft City of Bloomington Notice of Lawsuit, #5 Dft City of Bloomington Waiver Issued, #6 Dft Shumaker Notice of Lawsuit, #7 Dft Shumaker Waiver Issued)(JRK, ilcd) |
| TEXT ORDER: GRANTING Plaintiff's #2 Motion for Leave to Proceed in forma pauperis. On November 29, 2018, Plaintiff filed the aforementioned motion along with an AO 239 long form outlining his current sources of income and liabilities. Id. According to Plaintiff's Motion, he receives monthly public-assistance in the amount of $208.00 and has over $900.00 in monthly liabilities. When a plaintiff seeks leave to proceed in forma pauperis, his complaint is subject to review by the district court. See 28 U.S.C. 1915(e)(2). The district court shall dismiss the case if the court determines that the action is frivolous or malicious; fails to state a claim on which relief may be granted; or seeks monetary relief against a defendant who is immune from such relief. 28 U.S.C. 1915(e)(2)(B)(i)-(iii). Here, the Court finds Plaintiff has provided sufficient information to proceed in forma pauperis. Additionally, the Court finds Plaintiff's complaint sufficiently pleads several causes of action, as the Court takes all well-pleaded allegations as true and liberally construes all reasonable inferences in Plaintiff's favor. Tamayo v. Blagojevich, 526 F.3d 1074, 1081 (7th Cir. 2008). Accordingly, Plaintiff's #2 Motion for Leave to Proceed in forma pauperis is GRANTED. The Clerk of Court is directed to send notice of this lawsuit and waiver of service of summons to the Defendants. Entered by Michael M. Mihm on 12/4/2018. (JA, ilcd) |
| DEMAND for Trial by Jury by Myron Simmons. Plaintiff requested trial by jury on page 5 of 7 of his complaint. (JRK, ilcd) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Plaintiff Myron Simmons. Responses due by 12/13/2018 (JRK, ilcd) |
| Filing 1 COMPLAINT against Bloomington Police Department, Anna Legner, Edward Shumaker, The City of Bloomington, filed by Myron Simmons. (Attachments: #1 Proposed Summons)(JRK, ilcd) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Illinois Central District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
